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King City Zoning Code

ARTICLE VI

APPLICATION OF REGULATIONS

Sec. 32-316.- Zoning affects every building and use.

After adoption and enforcement of this chapter, no building or land shall be used and no building or part shall be erected, moved, or altered except in conformity with the regulations specified for the district in which it is located, except as provided in this chapter.

Unless otherwise prohibited by G.S. 160A-174(b), when regulations made under authority of this article require a greater width or size of yards or courts, or require a lower height of a building or fewer number of stories, or require a greater percentage of a lot to be left unoccupied, or impose other higher standards than are required in any other statute or local ordinance or regulation, the regulations made under authority of this article govern. Unless otherwise prohibited by G.S. 160A-174(b), when the provisions of any other statute or local ordinance or regulation require a greater width or size of yards or courts, or require a lower height of a building or a fewer number of stories, or require a greater percentage of a lot to be left unoccupied, or impose other higher standards than are required by the regulations made under authority of this article, the provisions of that statute or local ordinance or regulation govern.

When adopting regulations under this article, a local government may not use a definition of building, dwelling, dwelling unit, bedroom, or sleeping unit that is inconsistent with any definition of those terms in another statute or in a rule adopted by a state agency, including the building code council or residential code council.

(Ord. No. 8-85, art. V, § 1, 9-23-85; Ord. No. 2024-03, § 1(Exh. A), 3-4-24)

Sec. 32-317. - Reduction of lot and yard areas.

No yard or lot existing on September 23, 1985, shall be reduced in size or area below the minimum requirements set forth, except for street widening. Yards or lots created after September 23, 1985, shall meet at least the minimum requirements established in section 32-241.

(Ord. No. 8-85, art. V, § 2, 9-23-85; Ord. No. 2024-01, 1-2-24)

Sec. 32-318. - Relationship of building to lot.

Every building erected, moved or structurally altered after the effective date of this chapter shall be located on a lot and in no case shall there be more than one principal building and its customary accessory buildings on the lot, except in the case of a specially designed group development of institutional, residential, commercial or industrial buildings in an appropriate zoning district; i.e., school campus, cluster housing, shopping center, industrial park, etc.

(Ord. No. 8-85, art. V, § 3, 9-23-85)

Sec. 32-319. - Substandard lots existing on or before the effective date.

(a)

Any building situated on a substandard lot on or before September 23, 1985, shall not be considered a nonconforming use as long as the building is used for a permitted use. In this specific case, a zoning permit cannot be denied a property owner because the existing dimensional requirement (i.e., lot area, width, setback, etc.) cannot be met.

(b)

In any district permitting residences where a lot has an area or width of less than the required area or width and was a lot of record on or before September 23, 1985, a single-family dwelling can be built; however, the minimum front, rear and side yard requirements for the district must be met. This provision shall not apply to any lot covered by subsection (d) of this section.

(c)

In any commercial district where a lot has an area or width of less than the required area or width and was a lot of record on or before September 23, 1985, a permitted use may be established; however, all other requirements of the district must be met. This provision shall not apply to any lot covered by subsection (d) of this section.

(d)

If two or more adjoining and vacant lots of record are in a single ownership at any time after September 23, 1985, and each lot has less area or width than required by this chapter, such lots shall be considered as a single lot which meets the minimum requirements of this chapter.

(Ord. No. 8-85, art. V, § 4, 9-23-85)

Sec. 32-320. - Height limitation.

The height limitations of this chapter shall not apply to church spires, belfries, cupolas and domes not intended for human occupancy; as well as monuments, water towers, observation towers, transmission towers, chimneys, smokestacks, conveyors, flagpoles, radio towers, television towers, masts, aerials and similar structures, except as otherwise provided in the vicinity of airports.

(Ord. No. 8-85, art. V, § 5, 9-23-85)

Sec. 32-321. - Visibility at intersections.

(a)

On a corner lot nothing shall be erected, placed, planted or allowed to grow that would materially block vision between a height of three feet and ten feet above the center grade of the two intersecting roads that form the sight triangle.

(b)

The sight triangle shall have sides of ten feet and 70 feet. The smaller side shall be measured from the intersection of the two right-of-way lines back ten feet along the right-of-way of the road with the yield or stop sign. The larger side shall be measured from the intersection of the two right-of-way lines outward 70 feet along the road that does not have a yield or stop sign. See the following illustration:

(Ord. No. 8-85, art. V, § 6, 9-23-85)

Cross reference— Traffic and vehicles, ch. 28.

Sec. 32-322. - Accessory uses.

(a)

In any residential district, an accessory structure shall not be located in any front yard, nor exceed the height of the principal building, and shall not be used as a dwelling unit.

(b)

Accessory building on a residential lot shall not be located within 20 feet of any street or highway or within ten feet of any property line. Building or structures shall be permitted and inspected.

(c)

Manufactured homes shall not be used as an accessory use in any district. However, manufactured homes may be used for temporary purposes as specified in section 32-537-539.

(d)

Accessory building or structure on a non-residential lot shall be permitted and inspected and shall have a ten-foot setback on side and rear property lines. Buildings or structures shall not be heated or cooled and exceed 400 square feet. Buildings or structures shall be anchored in some manor per the North Carolina Building Code section G501.3.

(Ord. No. 8-85, art. V, § 7, 9-23-85; Ord. No. 2024-01, 1-2-24)